Tuesday, February 3, 2015

Nashville DUI of the DAY: the Vomiter

Welcome to a new feature on the blog. Each day it is practicable, I will
post a new DUI arrest affidavit from Nashville with
all the names removed. I hope this allows you to see what our officers deal
with every day and night in our Capitol city. There are a number of DUI arrests
each day. There is no rhyme or reason why I am picking a particular case. Here
is my pick from February 2nd arrests: Vomit as Evidence:

Officer 1 was following officer 2 to a call when Mr. X swerved into the lane
officer 2 was in, nearly striking officer 2’s car. Officer 2 noticed Mr. X
appeared to be vomiting. Officer 2 continued to the call while officer 1
activated his emergency equipment, signaling Mr. X to stop. Mr. X was slow to
respond, but eventually stopped his vehicle. When officer 1 spoke with Mr. X,
he confirmed that Mr. X was vomiting. There was an obvious odor of an alcoholic
beverage coming from Mr. X and his vomit.I, DUI officer, responded to investigate Mr. X for DUI. Mr. X could not
stand up without assistance and told me several times he was “drunk.” Mr. X was
too intoxicated to perform SFST. I took custody of Mr. X and read the implied
consent law to him in Spanish. He stated he did not understand why he could not
call his girlfriend. However, when asked to submit to a blood test, he agreed.
A computer check showed Mr. X had an expired “History Only” driver’s license.